THE Office of the Attorney General is the sole prosecuting authority under the NMI Constitution whose Article III, Section 11 makes it clear that the AG prosecutes violations of Commonwealth law, Chief Solicitor J. Robert Glass Jr., said in a statement to reporters.
“It does not authorize any other executive to wield that power,” he added. “We believe the judge has improperly disqualified our office and has nullified that part of the Constitution by ruling that the OAG cannot prosecute these charges against defendant Ralph Torres. We believe the Pro Tem Judge has misapplied the law. We look forward to our day in the NMI Supreme Court where we believe our Supreme Court Justices who were appointed, confirmed, and retained by the people of the Commonwealth in exercising their self-governance will properly enforce our NMI Constitution and re-establish the Office of the Attorney General to complete its prosecution of Defendant Ralph Torres for his alleged crimes against the Commonwealth,” Glass added.
The OAG has appealed the ruling of Judge Pro Tempore Arthur Barcinas, who, citing [a] conflict of interest, disqualified the OAG from prosecuting former Gov. Ralph DLG Torres in the misconduct in public office charges against him.
Judge Barcinas also declined to appoint a new special prosecutor, and being unable to appoint the Office of the Public Auditor to prosecute in lieu of the OAG, he said he will defer to the executive branch to “execute its prosecutorial authorities in the case.”
According to the docketing statement of the OAG on Aug. 16, “This case presents important constitutional issues regarding the independence of the elected Attorney General in prosecuting corruption at the highest levels of government. The Commonwealth is not aware of any conflicts which would prevent a sitting justice from hearing and deciding this important constitutional issue. The current justices heard and decided a parallel issue as to the pro hac admission of the special prosecutor to this case when they decided 2023 MP 6. This case presents similar arm’s length issues regarding the constitutional duty of the sole prosecuting authority in bringing criminal charges against those in the highest levels of government. As such, the Commonwealth would request the current Justices, who were duly appointed, confirmed, and retained by the people of the Commonwealth in their exercise of self-governance to decide these important issues regarding the NMI Constitution.”
The OAG added, “The Commonwealth intends to bring this case as an appeal, but understanding that appeal rights are narrowly construed, will be bringing a petition for writ of mandamus in the alternative should this Court find there is no right to appeal. See Commonwealth v. Pua, 2006 MP 19. The Commonwealth intends to follow all NMI Supreme Court Rules regarding both appeals and petitions for writs of mandamus to ensure a proper record and notice.”
Background
In December 2021, then-Governor Torres, a Republican, was found by a Democrat-Independent-led House Judiciary and Governmental Operations Committee in contempt of a legislative subpoena for refusing to appear before the panel, which was investigating his public expenditures.
On April 8, 2022, the OAG charged Torres with 12 counts of misconduct in public office and one count of theft relating to the issuance of airline tickets for business class, first class, or other premium class travel for himself and/or Diann T. Torres, his wife. The OAG also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
Torres denied the charges.
On Aug. 23, 2022, Judge Pro Tempore Alberto Tolentino dismissed without prejudice the contempt charge against the former governor.
The judge said evidence indicated that the prosecutor, J. Robert Glass Jr., was exposed to “privileged information regarding non-appearance to a legislative subpoena as charged in Count XIV — Contempt.”
On Oct. 26, 2023, Assistant Attorney General James Robert Kingman refiled a separate charge of contempt and misconduct in public office against Torres.
In its motion to disqualify the OAG from prosecuting the case, Torres’ defense team noted that the AG is tasked with “providing legal advice to the governor and executive departments, and representing the Commonwealth in legal matters, including prosecution of violations of Commonwealth law.”
“This case presents a unique conflict between these roles, as the OAG’s previous advisory relationship with [former Governor] Torres now intersects with its duty to prosecute, raising serious ethical and procedural questions,” the defense team said.
